Overview

Facing bellwether trials in the Aqueous Film Forming Foam (AFFF) multi-district litigation (MDL) later this year for claims brought by public water systems due to the alleged per- and polyfluoroalkyl substances (PFAS) contamination of public drinking water, BASF Corporation (BASF) has agreed to pay $316.5 million to resolve the claims. Funds from the settlement will fund monitoring, treatment and remediation of PFAS in public drinking water sources. The settlement will be structured as a class settlement and class members will have to opt out if they do not want to participate in the settlement. Pursuant to the terms of the settlement, BASF will put $312.5 million into an escrow account for distribution for the benefit of class members, while $4 million will be set aside for administrative costs. The deal is subject to court approval.

BASF’s settlement follows settlement agreements previously reached by public water systems with Tyco Fire Products LP, 3M and DuPont, Chemours and Corteva.